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Judgment
Ram Surat Ram Maurya, Presiding Member
Heard counsel for the parties.
The above revision petition has been filed by the petitioner against the order of the District Consumer Disputes Redressal Forum dated 16.10.2008 whereby the complaint has been allowed and the demand raised by the petitioner for Rs.289770/- has been cancelled and the order of State Consumer Disputes Redressal Commission, dated 08.04.2022 whereby the appeal of the petitioner has been dismissed. The admitted fact is that the allotment letter of the duplex house has been issued in favour of the complainants on 19.03.2002. Thereafter hire purchase agreement has been executed on 30.03.2003 and possession was handed over on 21.06.2003 and sale deed was executed on 31.05.2004 and the additional demand was raised through letter dated 21.02.2005. The office has reported 27 days delay in filing the revision petition. The petitioner has filed IA/7392/2022, for condonation of delay. Cause shown is sufficient. The delay in filing the revision petition is condoned.
A perusal of the allotment letter shows that cost of the duplex house has been mentioned as Rs.1950000/- which is tentative/ provisional/average cost of the flat. The allotment letter further provides that final cost shall be calculated by the Authority after completion of the building and the cost so calculated will be binding on the allottee. After completion of the building, the final cost has been calculated as Rs.1995000/- and the balance amount was demanded from the complainants vide letter dated 19.03.2004 which has been deposited by the complainants. Thereafter final conveyance deed was executed on 31.05.2004 and additional demand was raised on 21.02.2005.
The counsel for the petitioner submits that consumer foras have no jurisdiction to enter into the realm of the determination of cost by Development Authority. In this case, final determination of the cost has been made after completion of construction and extra amount has already been demanded on 19.03.2004. Subsequent demand dated 21.02.2005 is not maintainable. As per allotment letter after calculation of final cost, a fresh calculation is not permitted. I do not find any illegality in the orders of the foras below. The revision petition is dismissed.